These terms relate only to those clients who have Business Data Centre Services with us as per Clause 28 of our General Terms and Conditions/

HD’s primary commitment is to provide an outstanding SLA to every customer. To support this commitment, we observe the following schedule of remedies for any failure to meet the express guarantees that is listed on product pages where the service level agreement is included in the service.

This SLA defines the quality and performance level objectives in relation to the Service Agreement(s) supplied. In particular this SLA covers the following:

Service Provisioning

Fault Management

Billing Information + Compensation Claims Procedure

This SLA does not extend to any Third Party claims, including the customers end user.

HD may amend this SLA from time to time via written notice or by its website, www.hd.net.nz

Actual performance against the above Service Levels are measured using HD’s real-time monitoring tools (the “Monitoring Tools”) as implemented by HD Net Limited. The HD Network will be deemed “available” if the networking components of the HD Network are available and responding to the Monitoring Tools.

Scheduled Maintenance means any necessary maintenance required to be performed. HD endeavours to provide the customer with at least five (5) working days’ notice of the timing and duration of any scheduled outages. Email notification will be sent with the date and time of the planned maintenance window, scope of impact, and potential effects of the outage to parties potentially affected by the event.

Scheduled service unavailability times are not included in our service availability calculations.

We will endeavour to perform routine maintenance tasks during off-peak or non-business hours unless we deem the maintenance to be of critical importance to our provision of service to the customer.

4.1 Where any service has a fault or outage HD will use all reasonable endeavours to remedy the fault or outage within the time period specified in the SLA (refer clause 4.2).

4.2 HD shall make every effort to resolve any network faults during normal working hours (09:00hrs – 1700hrs) within thirty (30) minutes. Outside normal working hours HD will respond within one (1) hour. The customer acknowledges that HD relies on various network providers and partners for services that support or facilitate the customer’s services and that these service providers may respond to urgent network issues or faults in accordance to their own service level targets and priorities.

4.3 Loss of Services means the Customer's inability to connect to the HD Network to access either:

the Customer Portal or

Agreed Services.

If the Customer can connect to the HD Network to access either the Customer Portal or any of the agreed provided Services, then there is no Loss of Services, whether or not the Customer can use the Customer’s content.

4.4 Where remedial action is required as a result of any act or omission of the Customer, HD reserves the right to charge the Customer at its standard rate of $150 +GST per hour for the cost of remedying the fault or outage. 4.5 Where remedial action is required as a result of any act or omission of HD, HD will bear the costs of remedying the fault or outage.

Claimed Outage means the period (measured in minutes) during which the Customer claims a Loss of Service during a measurement period as measured against the HD Monitoring Tools. A Verified Outage means a Claimed Outage for a particular service that has been verified by HD using its monitoring tool. In the instance of a Verified Outage HD will be entitled to offset any potential compensation payable to a Customer against any outstanding accounts owed to HD by the Customer.

Approved Procedure to Claim for a Verified Outage: The Customer is eligible to receive Compensation for a Verified Outage, subject to the following process:

The Customer must report a Claimed Outage by opening a ticket on the Customer Portal. The ticket must include Service type, IP Address, dates and times, error messages received (if any), contact information, and a full description of the interruption of service including logs, if applicable.

In order to receive a credit, the Customer must submit a report of Claimed Outage through the HD Portal within five (5) days from the end of the Claimed Outage after the technical issues have been resolved.HD will review Claimed Outages against Verified Outages.

HD’s determination of the compensation is final.

Customer agrees to continue to pay any and all outstanding invoices in full while a Claimed Outage is being reviewed or compensation is being determined.

HD will communicate the level of compensation to the Customer through HD accounting and the ticket will be updated. HD will apply the Compensation Credit to the Customer's future invoices for the relevant Services subject to HD’s policies.

The Customer shall not receive any refunds under this SLA in connection with any failure or deficiency of availability caused by or associated with:

Circumstances beyond HD’s reasonable control, including but not limited to acts of any governmental body, fire, flood, earthquake, acts of God, strike or other labour disturbance, interruption of, or delay in transportation, unavailability of or interruption, or delay in telecommunications or third party services, virus attacks or hacker, failure of third party software (including without limitation – e-commerce software, payment gateways, chat, statistics or free scripts.

The Customers acts or omissions (or acts or omissions of others engaged or authorised by the Customer), including without limitation – Customer scripting or coding (e.g. CGI, PERL, HTML,ASP etc.), any negligence, wilful misconduct, or use of the services in breach of the Terms & Conditions’ of the MSA or Acceptable Use Policy.

Outages elsewhere on the Internet that hinder access to your accounts. HD is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.

These are calculated as a percentage achieved of the service targets stated in 1.1. Compensation credits are only applied once when the customer notifies HD of an availability breach which HD verifies within Five (5) days of the occurrence of such an event.

If your service availability for the full calendar month is below HD’s guaranteed service target, we will provide the following appropriate refunds:

HD will provide a quality service with minimum network latency and packet delivery to be of a comparable quality to the average performance of any three qualified by HD competitors. Comparable quality is defined as within 10% of the average result produced over a reasonable time period. Any testing conducted shall be made or confirmed by HD and shall cover a reasonable time period.

If network latency and/or packet delivery degradations, are proved to be caused by HD and is outside the 10% allowance specified above over three consecutive tests during a minimum period of one month, then the Customer shall have the grounds to terminate this agreement at the next billing date.

HD can provide secure backup for the Customer if requested under an individualised SLA. In all other circumstances backup and recovery are required to be sourced and provided for by the Customer. HD is not liable to assist with any backup or recovery of deleted or lost data.

Not-withstanding the Customer’s rights, a Customer who has committed to a fixed term agreement as part of this agreement shall only be able to cancel this agreement for the causes specified in these service terms and subject to the following terms:

The Customer shall be liable for all charges up until the time of cancellation, calculated on a prorated basis.

The Customer’s right to cancel applies only to failures caused by factors reasonably within HD’s control and after HD has had a reasonable opportunity to rectify the failures.

If a service level failure giving cause for cancellation can be reasonably proved to relate to only one particular HD service, (i.e. fibre optic service) and does not affect other fixed term contract services purchased by the customer, the customer shall be able to cancel that particular service only.

HD will only engage in discussion on the satisfaction of these service levels with customers who have committed to a fixed term agreement.